IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

--000--
	JOSEPHINE HORTON,	) CASE NO. 348894
	Executrix for the	) Judge Anthony 0. Calabrese
Estate of LEO A.
HORTON,

Plaintiff,

vs.

THE CLEVELAND CLINIC
FOUNDATION, et al.,

Defendants.
)




VIDEOTAPED DEPOSITION OF:

HANS E. EINSTEIN, M.D.

FRIDAY, JUNE 9, 2000

2:15 P.M.



Reported by: RoseMary K. Davis, CSR No. 5740





CERTIFIED
COPY
STONER & SCHLENK]ER
CER11F~ED SHORTHAND REPORTERS
16l2—19~ STREET, SUITE 111
BAKERSFIELD, CALifORNIA 93301
(661) 327-0849 FAX: (661) 323-3804

S
.
.
LAWYER'S NOTES
Page	Line

1
Videotaped
Deposition of HANS





2
6
M.D., taken by counsel for the Defendant,
Bakersfield Memorial Hospital,
California,
2:15
p.m.,
Certified Shorthand
stipulation
on
Certificate
4290
No.
K.
Davis;









TRACI &
By MR.
(Via
MARX
ROBERT
Telephone)
Attorney at Law
55 Public $quare,
Cleveland,
BONEZZI,
By MR.
(Via
Suite
Ohio 44113
SWITZER,
WILLIAM D.
Telephone)
Attorney at Law
526 Superior Avenue
Cleveland,
MURPHY
BONEZZ
1550
I
&
Ohio 44114-1491



VERN
S CHLENKER
&
1612 19th Street, Suite
Bakersfield,
California
3
4
E.
Bakersfield,
S
EINSTEIN,
commencing
at
at
34th
Friday,
7
Street,
June
9,
8
California, holding
before RoseMary
2000,
to
Reporter
for
9
the
State of
S
10

ii
740,
pursuant -
12
For
the
13
Plaintiff
APPEARANCES
14
V.
15

16
TRACI
17
For
the
18
De fendant
The Cleveland
19

20

21
Clinic
POLITO,
Foundation:
CO.
Videographer
P .A.
22

23
STONER
24
SCHLENKER
111
93301
STONER Nc SCHLENKER
(877) 327-0849

INDEX
	2	EXAMINATION BY	PAGE
	3	Mr. Bonezzi
	4
	5

6

7

8

9

10

11

12

13

14

15

16

17
	18	•-
	1-9
	20
	21
	22
	23
	24

25


3
	STONER & SCHLENICER (877)	327-0849

	1	FRIDAY, JUNE 9, 2000

2	BAKERSFIELD, CALIFORNIA
	3	2:15 P.M~
	4

5	VIDEO OPERATOR: On the record.

6	MR. BONEZZI: If you would swear the
	7	witness in.
	B
	9		   HANS E, EINSTEIN, M.D.,
	10	called as a	witness by and on behalf of the
	11	Defendant, being first duly sworn by the Certified
	12	shorthand Reporter, testified as follows:
	13
	14		         EXAMINATION
	15	BY MR. BONEZZI:
	16	       Q	  The record will show this is the
	17	deposition	of Hans E. Einstein, M.D., who has been
	18	identified	as one of the experts who will be
	19	providing testimony on behalf of the Plaintiffs in
	20	the case of	Horton versus The Cleveland Clinic
	21	Foundation.
	22		  Doc, can you hear me?
	23	       A	  Very well, thank you.
	24	       Q	  I'm going to be asking you some
	25	questions this afternoon pertaining to some opinions
.	4
STONER & SCHLENKER (877) 327-0849

3.	that you currently possess, together with

2 information that is contained in a June 6th, 2000

3 report that you sent to Mr. Traci.

4	During my questioning, if there's

5 anything that I ask that you don't understand, at

6 the conclusion of my question, will you please ask

7 me ~o restate the question or rephrase it, please?
	8	-	A I shall.

9	Q I want to make sure we communicate, we

10 understand each other. And I will presume, right or

11 wrong, that if you provide an answer to my question,

12 that you understood that. Is that fair?

13	A That is very fair.

14	Q If I ask a question and you don't know

15 tbe answer to it, let me know that so I can move

16 on. I don't want to engage in conjecture or

17 speculation or even hypothesis for this exercise.

18	All right?
	19	A	Indeed. -
	20	Q	And most importantly, given the fact

21 this deposition is being taken telephonically and

22 I'm not there, Iwould ask, at the conclusion of my

23 question, at least you wait until I conclude my

24 question before you respond so we don't talk over

- 25	each other. -
•	-	5
	               STONER & $CHLENKE~ (877) 327-0849

	1		will you do that for tue, please?
	2	A	I shall.
	3	Q	Will you give me your full and
	4 complete name.
	5	A	Hans E. Einstein, E-i-n-s-t-e-i-n.
	6	Q	You are a medical doctor; is that
	7	correct?
	8	A	That's correct.

9	Q what is your speciality, Doctor?

10	A My specialty is pulmonary diseases.

11	Q What is the year of your gr~aduat ion

12 from medical school?
	13	A	1946.
	14	Q	would you be kind enough to give me

15 some information relative to your background.

16	A After medical school in 1946, I

17 interned for a year and a half in Patterson General

18 Hospital in Patterson, New Jersey. I then went into

19 thilitary service as a medical officer in the U.S.

20 Army for two years. Following that, I had a

21 three-year residency, two years of which in general

22 internal medicine, one of them in pulmonary

23 diseases. That was in the VA Hospitals in NewYork

24 and here in Bakersfield, California, at the then

25 called Kern General Hospital.


6

STONER Sc SCHLENKER (877) 327-0849

1.	Following that time, I spent a year

2 and a half in a, what would now be called, a

3 pt~lmonary fellowship in a chest disease hospital

4 here in California. I then practicedinternal

5 medicine and pulmonary diseaseth here in Bakersfield

6 for 25 years, doing part-time teaching at the